Rickard v. Fisk
Supreme Court of Vermont
Audita querela to set aside the judgment of a justice. Trial by court at the September term, 1893, Washington county, Rowell, J., presiding. Upon the facts found and certified judgment was given for the defendant. The plaintiff excepts. The court found the following facts : ‘ ‘ This defendant brought suit in trover against this plaintiff, returnable before a justice on October 14, 1892, when the case was tried by jury and the jury disagreed.
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Audita querela to set aside the judgment of a justice. Trial by court at the September term, 1893, Washington county, Rowell, J., presiding. Upon the facts found and certified judgment was given for the defendant. The plaintiff excepts. The court found the following facts : ‘ ‘ This defendant brought suit in trover against this plaintiff, returnable before a justice on October 14, 1892, when the case was tried by jury and the jury disagreed. The case was thereafter continued from time to time till June 28,1893, when a judgment by default was entered therein and the damages assessed at fifteen…
1Opinion of the CourtMunson, J.
The only case cited by the plaintiff in support of his right to this remedy is Weed v. Nutting, Bray. 28, where it is said that a justice judgment which includes more costs than the statute allows will be set aside on azidita querela. The opinion in Dodge v. Hubbell, 1 Vt. 491, criticises this case, and comments upon the inappropriateness of a remedy which requires the setting aside of an entire judgment because of an error in the taxation of costs. In Harriman v. Swift, 31 Vt. 385, where the judgment sought to be set aside was rendered by a justice, the court say, without discussion or…
2Cases cited4 opinions
- Dodge v. HubbellSupreme Court of Vermont · 1829
- Harriman v. SwiftSupreme Court of Vermont · 1858
- Johnson v. RobertsSupreme Court of Vermont · 1886
- Clough & Robinson v. BrownSupreme Court of Vermont · 1865
3Cited by1 opinion
- Parker Et Ux. v. ConeSupreme Court of Vermont · 1933